Appellate bench draws 4

First Circuit Court of Appeals Judge Edward Gaidry is ready to retire. With that move he leaves an open seat in the court’s 1st District, Div. B.

The 1st Circuit Court of Appeals is the largest of Louisiana’s five appellate courts, reviewing cases for 16 parishes. Lafourche, Terrebonne and St. Mary parishes are among those numbers.

Now, four candidates have come forward to make their case and let voters be their judge.

Name: William C. Dupont

Juris Doctorate: Loyola 1975

Affiliation: Democrat

Home: Plaquemine

Website: facebook.com/JudgeWilliamDupontForFirstCircuit

Judge William C. Dupont has served the 18th Judicial District Court, Div. D, since being elected to the bench in 2004. During his 37 years in the legal profession, Dupont has served as a judge for 22 years from municipal to district levels.

Dupont, 61 has been on the 18 th Judicial District bench for eight years.

“I’ve had a very good career,” Dupont said. “The state has a lot invested in me to be a good judge and I would be derelict if I did not continue to use that experience and move on up to the appellate court.”

Dupont is the only sitting judge in this race and said experience as a judge differs from experience as a lawyer. “As a lawyer you advocate for one side or another,” he said. “As judge you are not an advocate and have to hear both sides regardless of who they are.”

The difference in the appellate court from a trial court is an absence of people. It is a review of cases, Dupont said.

An issue facing the Louisiana judiciary is caseload. Dupont said the 1st Circuit Court of Appeals is probably overworked because of caseload.

When it comes to electing judges, Dupont said most people do not know what the appellate court involved. “Most cases probably win at the appeals court,” Dupont said. “It all depends on who decides to appeal.”

Name: J. Christopher Erny

Juris Doctorate: LSU 1994

Affiliation: Republican

Home: Houma

Website: chrisernyforjudge.com

Houma native Chris Erny believes his 18 years of work as a trial lawyer and service as an assistant district attorney for the 32nd Judicial District is an advantage.

“I’ve got by far the most litigation experience of the candidates in this area,” Erny said as he seeks a seat on the 1st Circuit Court of Appeals.

Erny, 44, is making his first bid for elected position. “A lot depends on the personality and morality of the individual,” he said regarding what makes a good judge.

As an assistant district attorney, Erny said he has learned how to make discretionary calls on a daily basis, as that office decides what cases should and should not be prosecuted.

Erny said that the public does not always understand the function of the appellate court as being the insurer of the integrity of district courts. Jury verdicts that are appealed require judges that are able to take an academic approach and understand practical application as well.

Issues facing the judiciary, according to Erny, is public trust. “As judges you can’t advocate or participate in politics,” he said. “So that makes it difficult to explain the system. Another issue is that a lot of judges use their position to legislate from the bench. I think that is a problem and it makes it hard to be in litigation.”

Name: Mark D. Plaisance

Juris Doctorate: LSU 1994

Affiliation: Republican

Home: Thibodaux

Website: plaisanceforjudge.com

Mark Plaisance is originally from Cut Off who works as an appellate attorney. He began his career as a journalist and found that to be an avenue that led him to law. He has been a municipal judge and said no other candidate can match his specific appellate experience.

Plaisance, 51, said as he seeks a seat on the 1st Circuit Court of Appeals he can offer skills in having written more than 300 state and federal writ applications and appellate briefs. “So, when I talk about experience I’m not talking general experience. I’m talking specific experience,” he said. “It’s what I do every day. That’s what I bring.”

A perception of incompetence plagues the judicial system in Louisiana. “While I question it to some extent, on the other hand it may have some legitimacy because what we have not required of judges,” Palisance said. “For instance, all that is required on the appellate court is 10 years of [legal] practice and live where you are going to run. So, we have people who get elected to the appellate court with no appellate experience. This is not a lower court where broad experience is great. I think it is important to have someone who has already been before the appellate court.”

Palisance said the selection of judges by the general public requires educating voters on what the workings of specific courts are about and how one differs from another.

Name: Mitch Theriot

Juris Doctorate: Loyola 1988

Affiliation: Republican

Home: Raceland

Website: mitchtheriotforjudge.com

Lafourche Parish native Mitch Theriot has been practicing law for 24 years and teaching business law at Nicholls State University 16 years. He serves as a municipal judge and has served in the Louisiana House of Representatives 1992-200.

“I have a general practice,” Theriot said. “It is that diverse experience that qualifies me to serve [on the 1st Circuit Court of Appeals].”

Theriot, 49, said his experience teaching at Nicholls offers him an ability to look at law academically as well as from a practical perspective. This is a strength he said is needed on the court of appeals. “It gives me a difference perspective of the law,” he said.

Public education on what the judiciary does is a need for that branch of government, according to Theriot. “There should be benchmarks and reports on the various courts,” he said. “If that is reported and documented then many of the courts would be more attentive and progressive in rendering decisions.”

Theriot said that when considering an appropriate choice for an appellate or any judgeship, candidate experience it the starting place. “I think we all have website people can go to look at the details of the candidates’ legal experience,” he said. “But just as important as legal experience is life experience.”

Appellate bench